7/16/2019 G.R. No.

L-10010

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Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. L-10010 August 1, 1916

CHU JAN, plaintiff-appellee,

vs.
LUCIO BERNAS, defendant-appellant.

Sulpicio V. Cea for appellant.

ARAULLO, J.:

On the afternoon of June 26, 1913, a match was held in the cockpit of the municipality of Tabaco, Albay, between
two cocks belonging to the plaintiff and to the defendant respectively. Each of said persons had put up a wager of
P160; and as the referee of the cockpit had declared the defendant's cock the winner in the bout, the plaintiff
brought suit against the defendant in the justice of the peace court of the said pueblo, asking that his own rooster be
declared the winner. The justice of the peace court decided that the bout was a draw. From this judgment the
defendant appealed to the Court of First Instance of the province. For the purposes of the appeal, the plaintiff filed
his complaint and prayed this court to render judgment ordering the defendant to abide by and comply with the rules
and regulations governing cockfights, to pay the stipulated wager of P160; to return the other like amount (both
sums of wager being held for safe-keeping by the cockpit owner, Tomas Almonte) and to assess the costs of both
instances against the defendant.

The defendant denied each and all of the allegations of the complaint and moved to dismiss with the costs against
the plaintiff. On September 11, 1913, the said Court of First Instance rendered judgment dismissing the appeal
without special finding as to costs. The defendant excepted to this judgment as well as to an order dictated by the
same court on November 8th of the same year, on the plaintiff's motion, ordering the provincial treasurer of Albay
and, if necessary, the municipal treasurer of Tabaco of the same province, to release the deposit of P160 and return
it to its owner, the plaintiff Chinaman, Chu Jan. These proceedings have come before us on appeal by means of the
proper bill of exceptions.

The grounds for the dismissal pronounced by the lower court in the judgment appealed from ere that the court has
always dismissed cases of this nature, that he is not familiar with the rules governing cockfights and the duties of
referees thereof; that he does not know where to find the law on the subject and, finally, that he knows of no law
whatever that governs the rights to the plaintiff and the defendant in questions concerning cockfights.

The ignorance of the court or his lack of knowledge regarding the law applicable to a case submitted to him for
decision, the fact that the court does not know the rules applicable to a certain matter that is the subject of an appeal
which must be decided by him and his not knowing where to find the law relative to the case, are not reasons that
can serve to excuse the court for terminating the proceedings by dismissing them without deciding the issues. Such
an excuse is the less acceptable because, foreseeing that a case might arise to which no law would be exactly
applicable, the Civil Code, in the second paragraph of article 6, provides that the customs of the place shall be
observed, and, in the absence thereof, the general principles of law.

Therefore the judgment and the order appealed from, hereinbefore mentioned, are reversed and to record of the
proceedings shall remanded to the court from whence they came for due trial and judgment as provided by law. No
special finding is made with regard to costs. So ordered.

Arellano, C. J., Torres, Johnson, and Trent, JJ., concur.

Moreland, J., took no part.

The Lawphil Project - Arellano Law Foundation

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